Practice area

Adverse Possession (Usucapión)

Choose your case

You have a private purchase contract

The contract proves how your possession began and is usually the key evidence in the case. If you also possess in good faith, the law usually requires a shorter period.

In your case we will

  1. Review the contract and the registry file
  2. Gather proof of possession: property tax, utilities, witnesses
  3. File the lawsuit and register the ruling in your name
I have a contract: get advice

You possess the property with no documents at all

The law also protects those who possess as owners, peacefully, continuously and publicly. We assess whether you already meet the required period and how to prove it.

In your case we will

  1. Confirm the possession period your state requires
  2. Build the evidence: property tax, utilities, witnesses
  3. Pursue adverse possession through to ruling and registration
No papers: get advice

The registered owner cannot be found or has died

This is a common case. The lawsuit is brought against whoever appears as owner in the Public Registry, or against their estate; we explain the route to you.

In your case we will

  1. Identify the registered owner and their situation
  2. Serve them through the appropriate means
  3. Obtain the ruling and register it in your name
Discuss my case

Holding a property "in fact" is not the same as owning it on paper. In Mexico, usucapión —the closest figure to adverse possession— is the court proceeding through which someone who has possessed a property peacefully, continuously and publicly, as its owner, obtains a ruling that declares them the legal owner and allows the property to be deeded and registered in their name. We specialize in turning that de facto possession into a property in good legal standing — including for clients living in the United States.

When this applies

  • You bought a property in Mexico with a private contract that was never formalized into a deed.
  • Your family has held the property for years, but the deed is still in someone else's name.
  • You live in the U.S. and the property you consider yours in Mexico was never put in your name.
  • You want to sell or pass on a property in Mexico that has always been treated as yours.

Shall we talk about your case?

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The process, step by step

  1. Initial consultation

    We review your case, how and for how long the property has been possessed, and tell you clearly whether usucapión is viable.

  2. Building the evidence

    We gather the contract or origin of the possession, property tax and utility payments, and witnesses to prove it.

  3. Usucapión lawsuit

    We file the claim before the competent Mexican judge against the registered owner and handle the entire proceeding.

  4. Ruling & deed

    Once the ruling declares you the owner, we register it with the Public Registry so the property is finally in your name.

Frequently asked questions

Is usucapión the same as adverse possession?

It is the closest equivalent under Mexican law: acquiring ownership of a property by possessing it as its owner —peacefully, continuously and publicly— for the time set by law. It does not happen automatically: it must be declared by a Mexican court.

How many years of possession are required?

It depends on the Mexican state where the property is located and on the conditions of the possession (for example, whether it was in good faith): each state's civil code sets its own terms. In the consultation we review your case and tell you whether you already qualify.

Can I handle this from the United States?

In many cases, yes. We work remotely with clients in the U.S. and tell you in the consultation exactly which documents are needed and which steps, if any, require someone to act on your behalf in Mexico.

What do I get if the lawsuit succeeds?

A ruling declaring you the owner, which is registered with the Public Registry of Property. From then on the property is in your name and can be sold, inherited or mortgaged with legal certainty.

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